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1 Jill F. Kopeikin (State Bar No. 160792) Valerie M. Wagner (State Bar No.

173146) 2 GCA LAW PARTNERS LLP 3 2570 W. El Camino Real, Suite 510 Mountain View, CA 94040 4 Telephone: (650) 428-3900 5 Fax: (650) 428-3901 jkopeikin@gcalaw.com 6 vwagner@gcalaw.com 7 Attorneys for Plaintiff 8 CYWEE GROUP LTD. 9 IN THE UNITED STATES DISTRICT COURT 10 FOR THE NORTHERN DISTRICT OF CALIFORNIA 11 CYWEE GROUP LTD., CASE NO. __________________ 12 Plaintiff, 13 CYWEES ORIGINAL COMPLAINT APPLE INC., FOR PATENT INFRINGEMENT 14 Defendant. 15 DEMAND FOR JURY TRIAL 16 17 18 Plaintiff CyWee Group Ltd. (Plaintiff or CyWee) by and through its

19 undersigned counsel, files this Original Complaint against Defendant Apple, Inc. 20 (Defendant or Apple) as follows: 21 22 1. THE PARTIES CyWee Group Ltd. is a corporation existing under the laws of the

23 British Virgin Islands with a principal place of business at 3F, No.28, Lane 128, Jing 24 Ye 1st Road, Taipei, Taiwan 10462. 25 2. CyWee is a world leading technology company that focuses on building

26 products and services for consumers and businesses. CyWee is widely known as 27 having one of the most significant patent portfolios in the industry, and is considered 28
COMPLAINT FOR PATENT INFRINGEMENT

1 a market leader in its core development areas of motion processing, wireless high 2 definition video delivery, and facial tracking technology. 3 3. Upon information and belief, Defendant Apple Inc. is a corporation

4 organized under the laws of California, and its principal place of business is 1 5 Infinite Loop, Cupertino, California 95014. Apples registered agent for service of 6 process is CT Corporation System, 818 West Seventh St., 2nd Floor, Los Angeles, 7 California 90017. 8 9 4. JURISDICTION AND VENUE This action arises under the patent laws of the United States, 35 U.S.C.

10 1 et seq., including 35 U.S.C. 271, 281, 283, 284, and 285. This Court has 11 subject matter jurisdiction pursuant to 28 U.S.C. 1331 and 1338(a). 12 5. This Court has personal jurisdiction over Defendant because Defendant

13 resides and has its primary place of business in Cupertino, California, within this 14 District. This Court also has personal jurisdiction over Defendant because Defendant 15 has purposefully and voluntarily availed itself of the privilege of doing business in 16 the United States, the State of California, and the Northern District of California by 17 continuously and systematically placing goods into the stream of commerce with the 18 expectation that they will be purchased by consumers in the Northern District of 19 California. Upon information and belief, Defendant has committed acts of patent 20 infringement within the State of California and, more particularly, within the 21 Northern District of California. 22 6. Venue is proper in the Northern District of California pursuant to 28

23 U.S.C. 1391(b) and 1400(b), in that, Defendant resides in this District, has a 24 regular and established place of business in this District, and has committed acts of 25 infringement in this District. 26 27 28 Complaint for Patent Infringement 2

1 2 7.

INTRADISTRICT ASSIGNMENT This action is an intellectual property action subject to district-wide

3 assignment. 4 5 8. PATENT INFRINGEMENT OF U.S. PATENT NO. 8,552,978 Plaintiff repeats and re-alleges each and every allegation of paragraphs

6 1-7 as though fully set forth herein. 7 9. U.S. Patent No. 8,552,978 (the 978 Patent), titled 3D Pointing

8 Device and Method for Compensating Rotations of the 3D Pointing Device 9 Thereof, was duly and legally issued by the United States Patent and Trademark 10 Office on October 8, 2013 to Cywee Group Limited, as assignee of named inventors 11 Zhou Ye, Chin-Lung Li, Shun-Nan Liou. A true and correct copy of the 978 Patent 12 is attached hereto as Exhibit A. 13 10. CyWee is the owner of all right, title, and interest in and to the 978

14 Patent with full right to bring suit to enforce the patent, including the right to recover 15 for past infringement damages. 16 11. Each and every claim of the 978 Patent is valid and enforceable and

17 each enjoys a statutory presumption of validity separate, apart, and in addition to the 18 statutory presumption of validity enjoyed by every other of its claims. 35 U.S.C. 19 282. 20 12. Apple has at no time, either expressly or impliedly, been licensed under

21 the 978 Patent. 22 13. The 978 Patent describes and claims, inter alia, 3D pointing devices

23 and methods for compensating rotations of the 3D pointing device. 24 14. CyWee is informed and believes, and thereupon alleges, that Apple,

25 without authorization or license, has been, and is currently directly or indirectly 26 infringing one or more claims of the 978 Patent in violation of 35 U.S.C. 271, 27 including as stated below. 28 Complaint for Patent Infringement 3

15.

CyWee is informed and believes, and thereupon alleges, that Apple has

2 directly infringed, literally and/or under the doctrine of equivalents, and will 3 continue to directly infringe each patent claim of the 978 Patent by making, using, 4 selling, offering to sell, and/or importing into the United States products that 5 embody or practice the apparatus and/or method covered by one or more claims of 6 the 978 Patent, including but not limited to the Defendants iPhone 5s, iPad Air, 7 and iPad mini (2nd generation) (collectively referred to as Accused Products). 8 16. Apple has had knowledge of and notice of the 978 Patent and Apples

9 infringement of the 978 Patent since at least March 31, 2014, and through the filing 10 and service of this Complaint, and despite this knowledge continues to infringe. 11 17. CyWee is informed and believes, and thereupon alleges, that Apple

12 actively induces customers to infringe the 978 Patent in violation of 35 U.S.C. 13 271(b) by instructing and otherwise encouraging infringement and by providing 14 infringing mobile devices and 3D pointing technologies preinstalled in the Accused 15 Products. For example, Apple provides application developers a Core Motion 16 Framework Reference for Apples iOS platform to enable end users to enable the 17 Accused Products hardware to determine current position or motion associated with 18 the device. Consumers of the Accused Products then directly or jointly infringe the 19 978 Patent. 20 18. CyWee is informed and believes, and thereupon alleges, that Apple

21 knowingly offers to sell or sells within the United States or imports into the United 22 States the Accused Products that contain infringing 3D pointing technologies 23 preinstalled. The 3D pointing technologies are especially made or especially adapted 24 for use in infringement of the 978 Patent. The Accused Products are not staple 25 articles or commodities of commerce suitable for substantial non-infringing use and 26 constitute a material part of the invention claimed by the 978 Patent at least because 27 Apples 3D pointing technologies in the Accused Products work in conjunction with 28 Complaint for Patent Infringement 4

1 mobile applications in a manner that infringes the 978 Patent. Therefore, Apple is 2 also contributing to the direct infringement of the 978 Patent by the users of these 3 products. 4 19. Defendants acts of infringement have caused and will continue to

5 cause substantial and irreparable damage to CyWee. 6 20. As a result of the infringement of the 978 Patent by Defendant, CyWee

7 has been damaged. CyWee is, therefore, entitled to such damages pursuant to 35 8 U.S.C. 284 in an amount that presently cannot be pled but that will be determined 9 at trial. 10 11 PATENT INFRINGEMENT OF U.S. PATENT NO. 8,441,438 21. Plaintiff repeats and re-alleges each and every allegation of paragraphs

12 1-7 as though fully set forth herein. 13 22. U.S. Patent No. 8,441,438 (the 438 Patent), titled 3D Pointing

14 Device and Method for Compensating Movement Thereof, was duly and legally 15 issued by the United States Patent and Trademark Office on May 14, 2013 to Cywee 16 Group Limited, as assignee of named inventors Zhou Ye, Chin-Lung Li, Shun-Nan 17 Liou. A true and correct copy of the 438 Patent is attached hereto as Exhibit B. 18 23. CyWee is the owner of all right, title, and interest in and to the 438

19 Patent with full right to bring suit to enforce the patent, including the right to recover 20 for past infringement damages. 21 24. Each and every claim of the 438 Patent is valid and enforceable and

22 each enjoys a statutory presumption of validity separate, apart, and in addition to the 23 statutory presumption of validity enjoyed by every other of its claims. 35 U.S.C. 24 282. 25 25. Apple has at no time, either expressly or impliedly, been licensed under

26 the 438 Patent. 27 28 Complaint for Patent Infringement 5

26.

The 438 Patent describes and claims, inter alia, 3D pointing devices

2 and methods for compensating movement. 3 27. CyWee is informed and believes, and thereupon alleges, that Apple,

4 without authorization or license, has been, and is currently directly or indirectly 5 infringing one or more claims of the 438 Patent in violation of 35 U.S.C. 271, 6 including as stated below. 7 28. CyWee is informed and believes, and thereupon alleges, that Apple has

8 directly infringed, literally and/or under the doctrine of equivalents, and will 9 continue to directly infringe each patent claim of the 438 Patent by making, using, 10 selling, offering to sell, and/or importing into the United States the Accused 11 Products that embody or practice the apparatus and/or method covered by one or 12 more claims of the 438 Patent, including but not limited to the Accused Products. 13 29. Apple has had knowledge of and notice of the 438 Patent and Apples

14 infringement of the 438 Patent since at least March 31, 2014, and through the filing 15 and service of this Complaint and despite this knowledge continues to infringe. 16 30. CyWee is informed and believes, and thereupon alleges, that Apple

17 actively induces customers to infringe the 438 Patent in violation of 35 U.S.C. 18 271(b) by instructing and otherwise encouraging infringement and by providing 19 infringing mobile devices and 3D pointing technologies preinstalled in the Accused 20 Products. For example, Apple provides application developers a Core Motion 21 Framework Reference for Apples iOS platform to enable end users to enable the 22 Accused Products hardware to determine current position or motion associated with 23 the device. Consumers of the Accused Products then directly or jointly infringe the 24 438 Patent. 25 31. CyWee is informed and believes, and thereupon alleges, that Apple

26 knowingly offers to sell or sells within the United States or imports into the United 27 States the Accused Products that contain infringing 3D pointing technologies 28 Complaint for Patent Infringement 6

1 preinstalled. The 3D pointing technologies are especially made or especially adapted 2 for use in infringement of the 438 Patent. The Accused Products are not staple 3 articles or commodities of commerce suitable for substantial non-infringing use and 4 constitute a material part of the invention claimed by the 438 Patent at least because 5 Apples 3D pointing technologies in the Accused Products work in conjunction with 6 mobile applications in a manner that infringes the 438 Patent. Therefore, Apple is 7 also contributing to the direct infringement of the 438 Patent by the users of these 8 products. 9 32. Defendants acts of infringement have caused and will continue to

10 cause substantial and irreparable damage to CyWee. 11 33. As a result of the infringement of the 438 Patent by Defendant, CyWee

12 has been damaged. CyWee is, therefore, entitled to such damages pursuant to 35 13 U.S.C. 284 in an amount that presently cannot be pled but that will be determined 14 at trial. 15 16 PRAYER FOR RELIEF WHEREFORE, Plaintiff prays for entry of judgment against Defendant as

17 follows: 18 19 20 21 22 23 24 25 26 27 28 Complaint for Patent Infringement 7 B. A. A judgment that Defendant has infringed and continues to infringe the 978 Patent and 438 Patent, directly and/or indirectly by way of inducing or contributing to infringement of such patents as alleged herein; That Defendant provide to CyWee an accounting of all gains, profits and advantages derived by Defendants infringement of the 978 Patent and 438 Patent, and that CyWee be awarded damages adequate to compensate them for the wrongful infringement by Defendant, including treble damages for willful infringement, in accordance with 35 U.S.C. 284;

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

C.

That CyWee be awarded any other supplemental damages and interest on all damages, including, but not limited to attorney fees available under 35 U.S.C. 285;

D.

That the Court permanently enjoin Defendant and all those in privity with Defendant from making, having made, selling, offering for sale, distributing and/or using products that infringe the 978 Patent and 438, including the Accused Products, in the United States; and

E.

That CyWee be awarded such other and further relief and all remedies available at law. DEMAND FOR JURY TRIAL

Pursuant to Federal Rule of Civil Procedure 38(b), CyWee hereby demands a trial by jury on all issues triable to a jury.

Dated: April 22, 2014

Respectfully submitted, /s/ Jill F. Kopeikin Jill F. Kopeikin (State Bar No. 160792) jkopeikin@gcalaw.com GCA LAW PARTNERS LLP 2570 W. El Camino Real, Suite 510 Mountain View, CA 94040 Telephone: (650) 482-3900 Fax: (650) 428-3901

Counsel for Plaintiff CYWEE GROUP LTD.

Complaint for Patent Infringement